2003/08/19
ANAHEIM, CALIFORNIA
CITY COUNCIL ADJOURNED REGULAR MEETING
AUGUST 19, 2003
The City Council of the City of Anaheim met in adjourned regular session. The Notice
of Adjournment was posted at 3:00 P.M. on August 19, 2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of
quorum.
PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob
Hernandez and Richard Chavez.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City
Clerk Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
August 15, 2003 at the City Hall outside bulletin board.
WORKSHOP:
Pennie Contos, Area Vice President of Adelphia Cable, presented a workshop on
improvements by Adelphia.
Phil Urbina, Government Affairs Manager, gave the history of Adelphia Cable.
Penn is Contos explained how the system had changed in the last 18 months and Jeff
Mielo, General Manager, explained the anticipated needs for the future.
Frank Hamer, Director of Call Center Operations, provided his philosophy on customer
service and the call centers.
Mayor Pringle noted that the franchise agreement ended in December of 2002 and that
Adelphia was on a month-to-month contract. He expressed his concerns regarding
Adelphia's handling of customer service calls and the fact that the two call centers were
located in Ontario, CA and Colorado Springs, CO. He said there was no one in
customer service centers that knew the area problems. He felt that there needed to be
an Anaheim contact and he needed assurance that the Anaheim customers were
listened to.
Ms. Contos explained the new philosophy in the call centers and assured the Mayor
there would not be the same problems as experienced in the past.
The Council discussed the issue of bilingual customer service representatives and that
Adelphia needed to increase the number.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 2
On the subject of retail centers, Ms. Contos said Adelphia was conducting a survey to
ascertain the need for a local retail center.
Council Members addressed the concerns of undergrounding and Ms. Contos assured
them that they work very closely with Public Works and Utilities Departments in the
schedule.
Mayor Pringle recessed the Anaheim City Council meeting at approximately 5:07 P.M.
At approximately 5:30 P.M. Council returned to session and Mayor Pringle welcomed
everyone in attendance.
Invocation: Pastor Mark Bove, Calvary Chapel Anaheim
Flag Salute: Mayor Pro Tem Tait
Presentations: None
Recognitions (To be presented at a later date):
Proclaiming September 2003, as National Alcohol and Drug Addiction Recovery Month.
Recognizing the ARCO Kids Care Fair
Proclaiming September 14, 2003, as Let's Make a Difference Day.
Recognize Chamber of Commerce Crystal Apple Awards
At approximately 5:35 P.M., Mayor Pringle recessed the Council meeting until after the
Anaheim Housing Authority meeting.
At approximately 5:35 P.M., Mayor Pringle reconvened the Council meeting.
Additions/Deletions to the Agenda: None
Public Comments:
James Reade spoke about a traffic accident in which a mother was killed.
Consent Calendar: Items A 1 - A33 Council Member Hernandez moved, seconded by
Council Member Tait, to waive reading in full of all ordinances and resolutions and
approve the following in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar. Mayor Pringle pulled Items A14, A15, and A17 from the consent calendar for
separate discussion and action.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez,
Chavez. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 3
118
A1.
118
A2.
105
A3.
123
A4.
160
A5.
160
A6.
123
A7.
123
A8.
Reject certain claims filed against the City.
Reject an application for leave to present a late claim.
Receive and file minutes of the Public Library Board meeting held June 16, 2003
and minutes of the Public Utilities Board meeting held July 17, 2003.
Accept the bid and authorize the execution of an agreement with S & K Vending,
Inc. for vending services for a period of one year with seven one-year options to
renew and authorize the Purchasing Agent to execute the renewals in
accordance with Bid #6388.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a
purchase order to Quinn Power Systems Associates, in an amount not to exceed
$40,000 (plus tax), for the conversion of one Caterpillar diesel engine to dual fuel
consumption for the Public Works Department, Fleet Services.
Authorize the issuance of a change order to Clean City, Inc. to increase the
amount of service and the not to exceed cost of the annual purchase order by
$156,000 for additional weed abatement and trash removal services for the
Public Works Department, Streets and Sanitation Division.
Approve an agreement with the City of Orange for joint share traffic signal
maintenance at three intersections.
Approve the First Amendment to Agreements with Stephen G. White, MAl and
Thomas M. Pike for appraisal services for one year with the option to renew for
an additional year to a maximum of five years.
158 A9. Approve the Settlement Agreement and Full Release with Douglas P. Hamilton,
in the acquisition payment amount of $138,725.98, for the purchase of real
property located at 1201 - 1235 South Euclid Street for the Ball Road/Euclid
Street I ntersection Project.
A10. Approve the Agreement for Acquisition of Real Property-Partial Fee Taking with
James Myron, Trustee of the James Myron Foundation, in the payment amount
of $468, for property located at 100 North State College Boulevard for the Lincoln
Avenue/State College Boulevard Intersection Improvement Project.
158
158 A 11. Approve the Right-of-Entry Agreement with Don L. Garcia and Lisa F. Morales
for property located at 900 - 916 South Harbor Boulevard for asbestos testing,
lead sampling and environmental site assessment.
123 A 12. Approve the terms of the Amendment to the Joint Agreement for the
Implementation and Operation of the Orange County 800 MHz Countywide
Coordinated Communications System and authorize the Mayor and City Clerk to
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 4
execute two copies of the Joint Agreement Amendment for processing through
the County Clerk of the Board.
123 A 13. Approve the Eighth Amendment to the contractual agreement with Smith,
Esposito & Lyerly extending Washington, D.C. representation services from
August 1, 2003 through July 31, 2004.
123 A 16. Approve the Implementation Agreement with Orangewood LLC for the
implementation of the Development and Economic Assistance Agreement
executed by the City and the Developer on July 23,2003 for the development of
a first-class, full service hotel.
153 A 18. Approve the 2004 Health and Welfare Plan Rates and authorize the Human
Resources Manager to execute all required renewal documents.
123A19. Approve an agreement for legal services with the firm of Freeman, Freeman &
Smiley, LLP.
153 A20.
A21.
158
A22.
158
130 A23.
RESOLUTION NO. 2003R-166 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM giving notice of its intention to approve an amendment
to the contract between the Board of Administration of the California Public
Employees' Retirement System and the City of Anaheim.
ORDINANCE NO. 5872 (INTRODUCTION) AN UNCODIFIED ORDINANCE
OF THE CITY OF ANAHEIM authorizing an amendment to the contract between
the City of Anaheim and the Board of Administration of the California Public
Employees Retirement System.
RESOLUTION NO. 2003R-167 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 10654 and
10655).
RESOLUTION NO. 2003R-168 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 10651,
10652,10653,10656,10657, and 10658).
RESOLUTION NO. 2003R-169 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to adopt an ordinance granting a
franchise to Paramount Petroleum Corporation for operation of two underground
pipelines on Knott Avenue for purposes of petroleum transportation.
Public hearing scheduled for September 16, 2003.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 5
176 A24. RESOLUTION NO. 2003R-170 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to vacate certain public streets,
highways and service easements
(Abandonment No. 2003-00074, 1100 West La Palma Avenue).
156
174
179
179
Public hearing scheduled for September 16, 2003.
A25. RESOLUTION NO. 2003R-171 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM supporting the Driving Under the Influence Traffic
Safety Project initiated by the California Highway Patrol and authorizing
participation in the project by the Anaheim Police Department.
A26. RESOLUTION NO. 2003R-172 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of
Anaheim, to submit an application to the U.S. Department of Justice, COPS
Office, for the "COPS Safe Schools Initiative" Grant Program.
A27. ORDINANCE NO. 5873 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2002-00075, 1126 North
Euclid).
A28. ORDINANCE NO. 5874 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning [Reclassification No. 2000-00023 (2003-
00100),501 -541 South Anaheim Boulevard and 100-142 West Santa Ana
Street, into the South Anaheim Boulevard Corridor Overlay Zone].
A29. ORDINANCE NO. 5875 (INTRODUCTION) AN ORDINANCE OF THE CITY
179 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00104, Study Area
3).
ORDINANCE NO. 5876 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00105, Study Area
7).
ORDINANCE NO. 5877 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
1 ).
ORDINANCE NO. 5878 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
2).
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 6
ORDINANCE NO. 5879 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
4).
ORDINANCE NO. 5880 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
5).
ORDINANCE NO. 5881 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
6).
ORDINANCE NO. 5882 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
8).
ORDINANCE NO. 5883 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
9).
142
ORDINANCE NO. 5884 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Subsection .030 to Sections 18.26.020 and 18.27.020 of
Chapters 18.26 and 18.24, respectively, of Title 18 of the Anaheim Municipal
Code relating to Anaheim Colony Historic District.
A30. ORDINANCE NO. 5869 (ADOPTION) AN ORDINANCE OF THE CITY OF
179 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning [Reclassification No. R99-00-15(4), located at
1551 South Douglass Road] (Introduced at the Council meeting of August 5,
2003, Item A26).
A31. ORDINANCE NO. 5870 (ADOPTION) AN ORDINANCE OF THE CITY OF
179 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2002-00087, located at
9922 and 9950 Ball
Road - southwest corner of Ball Road and Brookhurst Street) (Introduced at the
Council meeting of August 5, 2003, Item A27).
142
A32. RESOLUTION NO. 2003R-173 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting design guidelines for the Downtown Mixed-
Use Overlay Zone.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 7
ORDINANCE NO. 5871 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Chapter 18.100 to Title 18 of the Anaheim Municipal Code
relating to zoning (Downtown Mixed-Use Overlay Zone).
114 A33. Approve minutes from the Council meetings held July 22,2003 and August 5,
2003.
END OF CONSENT CALENDAR
116 A14. Approve the appointment of Sheri Vander Dussen to the position of Planning
Director, effective September 15, 2003 and approve the negotiated benefits.
Mayor Pringle welcomed and introduced Sheri Vander Dussen as the Planning Director
for the City of Anaheim and moved to approve Item A14, seconded by Council Member
McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken,
Tait, Hernandez, Chavez. Noes - O. Motion carried.
123
A15. Approve the consultant services agreement with Tatsumi and Partners, Inc., in
the amount of $197,588, for the master planning, preparation of construction
documents and construction observation services for the Magnolia High School
Athletic Field Reconfiguration Project.
Mayor Pringle requested a brief description of the item.
Jack Kudron, acting Community Services Director, said that there was a sports field
deficiency that went back several years in west Anaheim. He stated that there was a
master plan created for the area around Magnolia High School that would allow for the
creation of an additional three sports fields. During the budget process, Council
approved an appropriation for the continuation of construction drawings for this project,
he explained and the appropriation was for $225,000.00.
Council Member Hernandez moved, seconded by Council Member Tait, to approve Item
A 15. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait,
Hernandez, Chavez. Noes - O. Motion carried.
174
A 17. Accept a mini grant from the Office of Traffic Safety for the California Seat Belt
Compliance Campaign, in the amount of $50,011 , and amend the Police
Department's fiscal year 2003/04 budget by increasing revenues and
expenditures in the amount of $50,011.
Mayor Pringle asked Police Chief Baker if the grant would be for a promotional
campaign or an educational program in schools or for public awareness. He explained
that he had concerns with the police stopping people solely for the purpose of not
wearing a seat belt and not for other traffic violations.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 8
Chief Baker remarked that the California Highway Patrol and the Anaheim Police
Department had been involved in an educational campaign which included public
announcements on television, presentations at schools and they were at the point now
where it was time for the enforcement of the law.
Mayor Pringle said that was not what Chief Baker had indicated when the item was
brought up at an earlier Council Meeting. He said it was his understanding that the
money from the grant was for vehicular safety education and he supported that. He
added his concern with spending either the City's or the State's money on enforcement
of the seat belt law. He stated that he believed that the police on the street have
higher priorities to be concerned with. He did not believe that $50,000 could cover the
cost of solely enforcing that law. He expressed disappointed that the money would be
used for enforcement and not for public awareness.
Council Member Chavez asked Chief Baker how many tickets were issued in the past
for not wearing a seat belt.
Chief Baker said from May 9, 2003 to June 1, 2003 approximately 125 seat belt tickets
were issued. For the four months proceeding, from January to April, there were
approximately 190 tickets issued. He also stated that those kinds of tickets were issued
routinely at traffic stops. Chief Baker said that he considered the ticketing process part
of the educational process and the law stated that a citation should be issued for not
using the seat belt properly.
Council Member Tait said he had a problem with the concept of a grant to pull over
drivers specifically for not wearing their seat belts.
Council Member Hernandez said that it was his understating, that stopping a motorist
for not wearing his seat belt might be a gateway for other traffic violations. He went on
to say that if a person was wearing their seat belt and was in an accident, their ability to
control the car and to minimize injury was enhanced by the use of the seat belt.
Council Member Tait moved to deny the approval of Item A17, seconded by Council
Member Chavez. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Tait and
Chavez. Noes - 2; Council Members Hernandez and McCracken. Motion carried.
105 A34. Consider appointing a citizen to serve on the Library Board, term to expire June
30, 2007 (Patricia Tafolla).
Council Member McCracken nominated Robert Wadleigh. Hearing no further
nominations, Mayor Pringle called for the vote.
Roll Call vote: Ayes - 3; Council Members Tait, McCracken and Hernandez. Noes - O.
Abstentions -2; Mayor Pringle and Council Member Chavez. Motion carried
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 9
105
A35. Consider appointing a citizen to serve on the Planning Commission to complete
the unexpired term of John Koos, which will expire June 30, 2006.
Council Member Tait moved that Item A35 be continued until the August 26,2003
Council Meeting. Council agreed to postpone the item until next week.
105
A36. Consider appointing four citizens to serve on the Community Center Authority,
one term to expire June 30, 2004, one term to expire June 30, 2005, one term to
expire June 30,2006 and one term to expire June 30, 2007. Confirm the term
expiration for Paul Kott of June 30, 2006.
Council Member McCracken nominated Alden Esping to the Community Center
Authority.
Mayor Pringle nominated Pat Carroll be appointed to the Community Center Authority
with an expiration date of June 30, 2006.
Hearing no objections to the two names put into nomination, both nominees were
placed on the Community Center Authority, Mr. Esping's term to expire June 30, 2005
and Mr. Carroll's term to expire June 30, 3006.
105 A37. Consider appointing seven members to serve on the Sesquicentennial
Commission, terms to expire December 31,2007 [Mayor Pringle (1), Mayor Pro
Tem Tait (1), Council Member Hernandez (1)].
Council Member Hernandez nominated Cynthia Harriss.
Council Member Tait placed into nomination the name of Jackie Terrelll.
Council Member Chavez nominated Jerry Zomorodian and Council Member McCracken
nominated Frank Feldhaus and Andrea Manes to serve on the Sesquicentennial
Commission.
Mayor Pringle asked if there were any objections to placing those names that had been
nominated to the Sesquicentennial Commission and hearing no objections, all
individuals were appointed to the Commission.
Public Hearinas:
174
B1.
A public hearing to consider authorizing the expenditure plan for the 2003 Local
Law Enforcement Block Grant Funds.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 10
Accept the grant award from the U.S. Department of Justice and amend the
Police Department's fiscal year 2003/04 budgets by increasing revenues and
expenditures in the amount of $262,949.
City Manager Dave Morgan stated that the City was in the application process of
accepting a grant award in the amount of $262,949 from the 2003 Local Law
Enforcement Block Grant Program. This was the eighth year that the City had qualified
for the program. The application process called for the City to hold a Public Hearing.
Mayor Pringle opened the public hearing.
Cheri McCracken said that she wanted to submit some written comments along with
additional questions to the Council.
Hearing no further comments, he closed the public hearing.
Council Member Hernandez moved to approve Item B1, seconded by Council Member
Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez,
McCracken and Chavez. Noes - 0 Motion carried.
Council Communications:
Council Member Hernandez requested a proclamation be prepared for the next meeting
for Father Glenn who would be celebrating his 25th anniversary as Pastor of San
Antonio Catholic Church in Anaheim Hills.
Mayor Pringle asked that this item be brought back before the Council at the August 26,
2003 Council meeting.
Council Member Tait wished to place on the next agenda discussion regarding the
crime rate increase in Anaheim. He asked Police Chief Baker to be ready to make a
presentation regarding the topic at the next Council meeting and Chief Baker agreed
that he would be ready with his presentation.
Council Member Tait said that all the participants at the World Gymnastic event said
that they were very impressed by their treatment while staying in Anaheim.
Council Member McCracken made note of a newspaper article regarding the Gonzalez
family.
Council Member Chavez requested a proclamation for the next meeting for Los Amigos
who was celebrating their 25th anniversary.
Mayor Pringle brought up the property located at 633 East Street and wanted the CUP
regarding landscaping to be enforced. He said that the landscaping in his opinion is not
what it should be according to the CUP.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 19, 2003
PAGE 11
Mayor Pringle also brought up the property located at the corner of State College and
La Palma, which was a convenience market. He said that his concern, along with many
other citizens, was abandoned shopping carts. He said he wanted to see more
restrictions and more control put on stores like this on the abandonment of shopping
carts.
Mayor Pringle moved to set CUP 2002-04433 for a public hearing, seconded by Council
Member Tait.
Mayor Pringle announced that Sporting News had recently honored the City as the
Anaheim/Los Angeles Sports City of the Year.
Adiournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 6:25 P.M. to August 26,2003.
~~h:? lL~<fi/c
I
Sheryll Schroeder, CMC
City Clerk, City of Anaheim